DISCIPLINE SUMMARIES
A mitigating fact is that Dr. Di Paola admitted to her misconduct from the beginning of the hospital’ s investigation. She fully cooperated with the College, and by accepting the joint submission, she spared witnesses the emotional distress of testifying and the College the time and cost of a contested hearing. Dr. Di Paola has repeatedly expressed remorse for her actions. She has written a letter of apology to both patients and to the hospital. Having considered all of the above factors, the Committee was satisfied that the proposed penalty in this case was appropriate. Requiring Dr. Di Paola to take a course in medical ethics, in addition to the two she has already taken on professional boundaries and privacy, helps towards her rehabilitation. The three-month suspension serves as a general deterrent to the profession, to remind all Ontario physicians of the obligation to respect the privacy and confidentiality of patient records and of the serious consequences that follow when that is not done. The penalty provides a specific deterrent to Dr. Di Paola against repetition of such misconduct. In accepting the joint submission on penalty, the Committee reassures the public that it can have confidence in the medical profession and the College’ s ability to regulate the profession in the public interest.
ORDER The Discipline Committee directed that: Dr. Di Paola appear before the panel to be reprimanded; the Registrar suspend Dr. Di Paola’ s certificate of registration for a period of three months; that Di Paola participate in and successfully complete five hours of individualized instruction in medical ethics with an instructor approved by the College; and that Dr. Di Paola pay costs to the College in the amount of $ 5,000. For complete details of the Order, please see the full decision at www. cpso. on. ca. Select Find a Doctor and enter the doctor’ s name.
At the conclusion of the hearing, Dr. Di Paola waived her right to an appeal and the Committee administered the public reprimand.
DR. JACQUES HENRI DUBINS
PRACTICE LOCATION: Toronto AREA OF PRACTICE: General Practice( Hypnotherapy)
HEARING INFORMATION: Agreed Statement of Facts, Admission, Joint Submission on Penalty
On August 29, 2016, the Discipline Committee found that Dr. Dubins committed an act of professional misconduct, in that he has failed to maintain the standard of practice of the profession; and he has engaged in an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Dubins admitted the allegations. Dr. Dubins is a family physician with an interest in hypnotherapy. At the time of the hearing, he was 72 years of age. In March of 2013, the College received a complaint about Dr. Dubins from Patient A, a patient who had attended Dr. Dubins twice in early 2013 for hypnotherapy for smoking cessation.
Patient A complained that:- Dr. Dubins’ office was dirty;- During the appointment, Dr. Dubins asked unnecessary and inappropriate questions of a sexual nature that made him feel uncomfortable, such as whether he is gay or straight and whether he is sexually active;- During the hypnotherapy session Dr. Dubins used graphic and offensive sexual images that caused Patient A to be very uncomfortable; and- During the session, Dr. Dubins told Patient A to unbutton his pants, lower his fly and lower his pants.
On March 18, 2013, College investigators attended at Dr. Dubins’ office to inspect for cleanliness, where they found the following:
Full decisions are available online at www. cpso. on. ca. Select Doctor Search and enter the doctor’ s name.
ISSUE 4, 2017 DIALOGUE 71